Illegal Animal Fighting Law Enforcement Primer

From the HSUS Final Round

DOG FIGHTING

• (1) Formal agreement months in advanceSize of bet depends on whether dogs are champions or if owners are prominent

(2) Informal Side BetsUsually continue throughout the match

COCKFIGHTING

• (1) Pay a predetermined entry fee• (2) Side bets as with dog fighting• (3) Lottery based on a number randomly given

to the cock fighter when he/she pays

Raffles

Winners can receive cash, cockfighting paraphernalia, guns, or

animals as prizes

Enforcement of Animal Fighting Laws

• You need a lot of law enforcement personnel on the scene.– Detain and arrest– Preserve evidence (and later present it)

GUIDELINES!

• (1) Arrest only if there is no reasonable doubt. – You will come upon a scene with dozens of

individuals present.

GUIDELINES!

• (2) Photograph each suspect arrested with a number and with the arresting officer.– The arresting officer may later have to testify in

court.

GUIDELINES!

• (3) Be sure officer’s report includes what the suspect was doing and where the suspect was.

• (4) Videotape the scene.

GUIDELINES!

• (5) When questioning persons on the scene, stick with general on the scene questioning, otherwise you need to provide Miranda warnings.– If you progress beyond general questioning

without Miranda warnings and there appears to be a restraint on freedom of the suspect, the statements may be thrown out in court.

What are some “on the scene” questions?

• (1) Why are you here?– Think about this. If they are out in a remote

location, why would they be there other than to view or participate in a fight?

What are some “on the scene” questions?

• (2) How did you get here? Who did you come with? How were you going to leave?– This can establish a relationship of a suspect to

others who are present.

GUIDELINES!

• (3) What did you see? How long did you see this?– This can establish duration of presence.

The Players

Who participates in dog fighting?

Promoters

• Makes the arrangements• Usually owns location• Finds referees• Supplies pit, wash tubs, scales• Collects admission fees• Arrange for vendors, food and liquor sales,

gambling• Monitor police scanners• May hire armed guards

Handlers

• Handles animals during the fight• If not the owner, usually gets a percentage of

the bet if the animal wins

Referee

• Needs to be well versed in the rules• Maybe someone whose name is famous in

dog fighting circles• Travel expenses, meals, lodging and fight fee

are taken care of by promoter• May get as much as $500-$1000 per day if a

major fight or convention

Spectators

• Why?– To gamble – “Support” a friend, spouse or relative– Enter an animal– Just for the fun of it…

– Any age, sex, race, socioeconomic status

Profile of a Dogfighter

• Serious (professional)• Hobbyists• Street Fighters

Professional

• Can be national or even international• Featured in underground publications• Know strategies of humane organizations and

law enforcement techniques• High stakes matches with established

bloodlines

Hobbyists

• Emphasis on gambling than continuing “game” bloodlines through selective breeding

• Dogs of average ability• Idea is to regain purchase price of the dog(s)

by winning matches

Street Fighters

• Ownership of pit bulls and mixes has increased among juveniles and gang members

• Dogs are frequently stolen or obtained from local shelters that have less than rigorous adoption policies

• Can happen in public parks, playgrounds, back alleys

• Why is this group hard to apprehend?

Behavior of fighting dogs

Behavior of Fighting Dogs

• Aggression against other dogs and animals– Not natural!– “Totally abnormal from an evolutionary standpoint

as it requires suppression of an animal’s instinct for self-preservation”

– A dog’s natural instinct to back down in a fight once an opponent withdraws has been suppressed through years of breeding with the ultimate goal of creating dogs who will fight to the death.

Dog Communication

• For example, rolling over to expose the underbelly is usually a way dogs say “ok let’s stop this banter”.– Fighting dogs will continue attacking other dogs

who do this.

Fighting Dogs

• Lack of uniform standards of temperament• Lack of natural “back down” inhibition to

aggression• Strength and tenacity• Failure to show warning signs of attack• Best course of action for law enforcement or

animal control: proceed with great caution

Schooling, Training and Conditioning of Dogs

Schooling, Training and Conditioning

• Extensive culling only keeps puppies who show aggressive behavior– 16-18 months pass– If they survive this they become “schooled”.

Game Test

• Younger dog is pitted against a larger, rougher dog until totally exhausted– Younger dog then must go to a fresh dog – the

idea being fight more than one dog in succession– This test shows the dog’s level of “gameness” or

genetically programmed behavior

The Keep

Designed to build strength, endurance, and cardiovascular fitness

The Keep: Training

• Daily log: body weight, food and water, drugs and vitamins and exercise

• Treadmills – 2 types– Slat mills: running surface is wooden slats– Carpet mills: running surface made of carpet

Catmill (jenny)

Training

Springpole Flirtpole

Vitamins, Drugs, and Veterinary Supplies

Page 15

The Fight

• Most occur on Friday or Saturday nights• If a big gathering (“convention”) with several

matches, it may occur on a holiday so out of towners can attend and out of state license plates are not considered suspect.– Pit sites are frequently moved• Southern Climates – wooded areas • Colder climates- barns and sheds• Basements or garages

The Fight

• Police scanners and cellular phones are used as security precautions

• Escape routes are usually identified• Usually a “social hour” or two prior to the

match so newcomers can be scrutinized

The Fight

• Before the pit, dogs are weighed• Handlers wash and examine opponent’s dog

with referee supervising– There may be poison or caustic substances which

is cheating.

The FightA pit usually measures 14-20 square feet and has walls 24-36 inches high. It can be made of wood, hay, or other makeshift materials.

Why would local trophy companies be a good source of investigative information?

Award or trophies are sometimes given for “Best in Show” or “Gamest

of Show”

Investigative Techniques

• Dogfighting is a felony in all 50 states and the District of Columbia.– From The Peta Files, March 2008: As of this week, when Wyoming Governor

Dave Freudenthal signed legislation to make dogfighting a felony in his state (following Idaho’s similar decision last week), every state in the U.S. considers participating in dogfighting to be a felony offense. A huge thank you to the governors of both of these states for taking this compassionate step forward.

If you’re going to bring these people down, what would be critical?

AN INFORMANT

Dog fighters Fraternity type atmosphereFear of retaliation to discourage informantsDouble life: legitimate activities or legal dog shows

Investigative Techniques

• Dogfighters often keep evidence on the property where dogs are confined and in homes.– So how do you get probable cause for a search

warrant?• Surveillance• First hand testimony

Underground Dog Fighting Publications

• Good source for investigators– Some difficult to get because they require a

sponsor to get a subscription• Include fight reports, advertisements from “proven”

stock, dogs for match (fighting), and paraphernaliaSporting Dog Journal

Why are weight pulling contests a good place for investigators to

attend?

Multijurisdictional Task Force

• Humane societies, animal control, law enforcement– See the ASPCA’s guide to creating a such task force

(thank you Robin!)

-ON THE RISE-PERPS CAN LEAVE SCENE PRETTY EASILY

Street Fighting

STREET FIGHTING

• With these street fights you often have rival gangs meeting in school yards, parks, woods, abandoned buildings

• The dogs may involve breeds other than pit bulls

• Includes attacks against stray or stolen cats and dogs

STREET FIGHTING

• Law enforcement will rarely just come upon this

• Usually requires a report from someone in the neighborhood– People need to know their reports will be taken

seriously.

Combating Street Fighting

• Participants may be breaking other local or state laws such as:– Licensing and rabies laws• In New York State (Article 7 of Ag. & Mkts.), all dogs

over the age of 4 months– § 109. Licensing of dogs required; rabies vaccination required.

1. (a) The owner of any dog reaching the age of four months shall immediately make application for a dog license.

Combating Street Fighting

• Participants may be breaking other local or state laws such as:– Dangerous Dog Laws • (NY Agriculture and Markets Law, Article 7, Sec. 123)• Hearing process

Combating Street Fighting

• Participants may be breaking other local or state laws such as:

– Chaining Laws/Ordinances• Tethering banned in many states and communities in

U.S.

Combating Street Fighting

• Participants may be breaking other local or state laws such as:– Laws that define dangerous dogs as “deadly

weapons” or “dangerous instruments”• Charges can range from assault to murder if someone

uses their dog to threaten, injure or kill others

“Street fighters are, by definition, irresponsible dog owners.

Any effort to increase enforcement of laws that hold owners responsible for the actions of their animals

can be effective in controlling this growing problem.”The Humane Society of the United States

Confiscation, Identification, and Disposition of Fighting Dogs

Dogs in such cases must be treated as abused animals who must be removed for

their protection and as evidence in a criminal case.

NYSHA Manual New York State Humane Association

Confiscation, Identification, and Disposition of Fighting Dogs

• All dogs in as evidence should be photographed and identified.– Chain of custody– Liability of shelter

Section 373 (6) (b) (2)

• If the court orders the posting of a security, the security shall be posted with the clerk of the court within five business days of the hearing provided for in subparagraph one of this paragraph. The court may order the immediate forfeiture of the seized animal to the impounding organization if the person ordered to post the security fails to do so. Any animal forfeited shall be made available for adoption or euthanized subject to subdivision seven-a of section one hundred seventeen of this chapter or section three hundred seventy-four of this article.

If a fight is in progress…

• Law enforcement team leader should instruct whoever is with the dogs in the ring to separate the dogs and go to opposite corners of the pit.

• Or, in the alternative, the entry team can be followed by two dog control officers or anyone who is experienced with controlling dogs

Confiscation, Identification, and Disposition of Fighting Dogs

• A detailed record of each animal’s condition as originally found is a must.– This should occur as soon as possible after the site

has been secured. Additional photographs should be taken as necessary to clearly show injuries and markings.

Confiscation, Identification, and Disposition of Fighting Dogs

• Use colored film.• HSUS recommends a diagram of each animal

to include breed, sex, color, weight and any distinguishing features. Appendix IV.

Confiscation, Identification, and Disposition of Fighting Dogs

• Create a file for each animal.– Include photographs, diagrams, medical records

and any pertinent information– DUPLICATE the files and pictures. Keep the

originals in a safe place.

If suspects are being held at the scene

• Take caution NOT to ask suspects to identify or claim ownership of the dogs.– This could be considered a violation of their 4th

Amendment rights if suspect is not given Miranda warnings.

Confiscation, Identification, and Disposition of Fighting Dogs

• Transport and house separately• Carcasses of dead dogs should be preserved

as evidence for trial.• Bring severely injured dogs directly to vet– A DETAILED RECORD OF ALL INJURIES SHOULD BE

DOCUMENTED BY THE EXAMINING VET

ANIMAL FIGHTING RESOURCES (FROM ANIMAL SHELTERING)

Humane Society of the United States

Now what? What do we do with the animals?

HSUS position PRIOR TO THE VICK CASE

SEARCH WARRANTSFor information on search warrants, click here and scroll down to the four

part search warrant presentation.